I'm not addressing the will aspect, its self explanatory and above my pay grade.
I do want to repeat, a lot stuff is dealt with before a will is in play, and it's an extremely stressed time for everyone involved as that time approaches..
A durable power of attorney fills the gap, and makes life easier for everyone, until the will comes into play.
If you become incapacitated, a power of attorney is no longer an option.
They are revocable, they are immediate, they are not cumbersome, and they are not costly, but you need a lawyer to set one up with his advice for your situation.
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You might be correct but personally I don't see much value in it when there is a spouse who is still a loving partner. If my wife was terminal I wouldn't suggest that she sign a power of attorney over to me. I just don't see the point. She could just as easily make her wishes known in other ways and skip the extra paperwork. But my law school diploma is 30 years old and I never practiced in this area so perhaps it would be on the list of questions to ask a lawyer. I do know that several of my older relatives have been told by lawyers that they need powers of attorney set up, they need trusts and they need living wills and they need other such stuff. In all cases these were just money grabs by the lawyers. If the estate is small and there is a living spouse who is still in good standing then things should go very smoothly. The main thing is to make sure that there is access to funds for at least 6 months and that all the paperwork is in order. (insurance, social security, pension, retirement accounts, bank accounts, saving bonds, contracts, loan guarantees, etc.)
